offer and acceptance Flashcards
1
Q
an offer
A
- a statement of intent by the offeror to be legally bound by the terms of the offer if it is accepted by the offeree
2
Q
goods on shelves (invitation to treat)
A
- pharmaceutical society v boots
3
Q
goods in a shop window (invitation to treat)
A
- fisher v bell
4
Q
requests for tender (invitation to treat)
A
- letters written to IT suppliers is an invitation to treat, the quotation given is the offer
5
Q
statements of price (invitation to treat)
A
- a party indicating a price is an invitation to treat, not an offer
- harvey v facey
6
Q
auctions (invitation to treat)
A
- putting something up = ITT
- bidding = offer
- hammer brought down = acceptance
-british car auctions v wright
7
Q
advertisements (invitation to treat)
A
- partridge v crittenden
8
Q
advertisements making a unilateral offer
A
- only one person has an obligation
- carlill v carbolic smoke ball
9
Q
offer must be communicated to the offeree
A
- words don’t necessarily have to be used
10
Q
an offer can be made to one person or the whole world
A
- taylor v laird
11
Q
terms of the offer must be certain
A
- if the words are too vague, the parties might not know what they are contracting for
- guthing v lynn
12
Q
termination of offer
A
- offer is revoked and revocation is communicated to the offeree (routledge v grant)
- time for acceptance has passed
- reasonable time has passed (mo certain time limit)
- one of the contracting party dies
13
Q
acceptance must be communicated (rules of acceptance)
A
- must be a positive act
- not possible to accept by silence
- felthouse v bindley
14
Q
acceptance can be in any form (rules of acceptance)
A
- however, if the offer states that acceptance must be done in a specified way then it must be done in that way (yates v pulleyn)
15
Q
acceptance must be unconditional - counter offer (rules of acceptance)
A
- the acceptance must be on the same terms
- if terms are changed it will become a counter offer (hyde v wrench)
16
Q
enquiries do not count as rejection (rules of acceptance)
A
- if an offeree makes an enquiry, this won’t be a counter offer
17
Q
postal rule
A
- the acceptance is confirmed when posted in the letterbox
- adams v lindsell
18
Q
modern methods of acceptance
A
- the courts should simply have regard to the parties’ intentions, sound, business practice and a judgement as to where the risk should lie (brinkibon)
